Article 4. Scientific examination of international treaties to which the Republic of Kazakhstan intends to become a party, as well as draft international treaties subject to ratification The Law on International Treaties of the Republic of Kazakhstan

Home / RLA / Article 4. Scientific examination of international treaties to which the Republic of Kazakhstan intends to become a party, as well as draft international treaties subject to ratification The Law on International Treaties of the Republic of Kazakhstan

Article 4. Scientific examination of international treaties to which the Republic of Kazakhstan intends to become a party, as well as draft international treaties subject to ratification The Law on International Treaties of the Republic of Kazakhstan

1. Scientific expertise (legal, linguistic, environmental, financial, and others) may be conducted under international treaties to which the Republic of Kazakhstan intends to become a party, as well as under draft international treaties.

Mandatory scientific, legal and linguistic examinations are conducted on the subject of ratification.:

international treaties to which the Republic of Kazakhstan intends to become a party – until a decision is made on their ratification or accession by ratification;

draft international agreements – before they are signed.

Other types of scientific expertise (environmental, financial and other) are conducted depending on the legal relations regulated by international treaties to which the Republic of Kazakhstan intends to become a party, as well as draft international treaties.

2. Scientific expertise is conducted by scientific organizations, one or more experts (expert commission), attracted from among scientists and specialists, depending on the content of the international treaty under consideration or the draft international treaty to be ratified, including foreign ones, with the exception of persons who participated in the preparation of the draft international treaty or the initiation of the conclusion of an international treaty to which the party It intends to become the Republic of Kazakhstan.

2-1. Mandatory scientific linguistic expertise of international treaties to which the Republic of Kazakhstan intends to become a party, as well as draft international treaties, is conducted by an authorized organization designated by the Government of the Republic of Kazakhstan.

2-2. A scientific legal examination of an international treaty under consideration or a draft international treaty subject to ratification is conducted by an authorized organization designated by the Government of the Republic of Kazakhstan.

3. Scientific expertise is carried out in order to:

1) assessment of the quality, validity, timeliness and legality of participation in an international treaty to which the Republic of Kazakhstan intends to become a party, or a draft international treaty;

2) compliance with the rights and freedoms of man and citizen guaranteed by the Constitution of the Republic of Kazakhstan in an international treaty to which the Republic of Kazakhstan intends to become a party, or a draft international treaty;

3) determining the possible effectiveness of an international treaty to which the Republic of Kazakhstan intends to become a party, as well as a draft international treaty;

3-1) determining the need for amendments and additions to the legislation of the Republic of Kazakhstan in connection with the conclusion of international treaties subject to ratification;

4) identification of possible negative consequences of the conclusion of an international agreement;

5) assessment of compliance of the legislation of the Republic of Kazakhstan with an international treaty to which the Republic of Kazakhstan intends to become a party, or a draft international treaty.

4. A decision on conducting scientific expertise on international treaties to which the Republic of Kazakhstan intends to become a party, as well as on draft international treaties, may be taken:

1) on the basis of the instruction of the President of the Republic of Kazakhstan, the Head of the Presidential Administration of the Republic of Kazakhstan, the Prime Minister of the Republic of Kazakhstan, the Chief of Staff of the Government of the Republic of Kazakhstan;

2) on the initiative of deputies of the Parliament of the Republic of Kazakhstan;

3) on the initiative of the central state body submitting a proposal for the conclusion of an international treaty, as well as on the proposals of other central state bodies coordinating an international treaty or a draft international treaty.

The Law of the Republic of Kazakhstan dated May 30, 2005 No. 54.

This Law defines the procedure for concluding, executing, amending and terminating international treaties of the Republic of Kazakhstan.

International treaties of the Republic of Kazakhstan are concluded, executed, amended and terminated in accordance with the Constitution of the Republic of Kazakhstan, generally recognized principles and norms of international law, the provisions of the international treaty itself, the Vienna Convention on the Law of Treaties, this Law and other legislation of the Republic of Kazakhstan.

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